Are You Charged Rent in Emergency Housing in Wales?

Facing homelessness or an eviction in Wales can feel overwhelming. If you’ve been placed in emergency housing by your local council, you might worry about what costs you’re responsible for and whether you’ll be charged rent while you get back on your feet. Here’s what you need to know about your rights and responsibilities if you are in emergency accommodation in Wales.

What Is Emergency Housing in Wales?

Emergency housing is temporary accommodation provided by local authorities when someone is homeless and has nowhere safe to stay. Councils in Wales must offer emergency housing if you meet the criteria under the Housing (Wales) Act 2014 if you are eligible, homeless, and have a priority need.^[1]

• This accommodation might be a hostel, B&B, hotel, or council-managed property
• It is usually very short-term until a more suitable place can be found
• Your rights in emergency housing are different from those in regular tenancies

Council homelessness teams make these placements, and you may have limited choice about where you are housed.

Can You Be Charged Rent or Service Charges?

Yes, local authorities in Wales can charge you rent and certain service charges while you stay in emergency or temporary accommodation. However, the amounts must be reasonable. Typically, these charges are:

• Rent for the room or property
• Service charges for heating, lighting, or cleaning of communal areas
• They cannot make a profit—they can only cover their actual costs

Councils must provide clear information about any costs you’re required to pay. If you receive benefits, you can often claim Housing Benefit or the housing costs element of Universal Credit to help cover these charges.^[2]

Paying for Emergency Accommodation: What to Expect

• The council should give you a written statement or agreement explaining what you must pay
• If you can’t afford the rent or service charge, ask the council if you can apply for extra help
• Emergency accommodation is not a secure tenancy, so eviction notice periods may be much shorter

It’s important to keep up with payments, as falling behind may affect the help you receive or where you are housed next.

How to Challenge Excessive Charges

If you feel the council is charging you more than is reasonable, or you were not informed about the costs, you have the right to complain. Start by contacting your local authority’s housing department. If unresolved, you can escalate to the Public Services Ombudsman for Wales.

Relevant Forms and How to Use Them

• Application for Homelessness Assistance: Usually referred to as a 'homelessness application'. Submit directly to your local council when you are at risk of homelessness. This appoints the council to assess your situation and possibly provide emergency accommodation.
  See detailed application guidance on the Welsh Government Homelessness support page.
• Appeal a Homelessness Decision Form: Use this if you wish to challenge a local council decision about emergency or temporary accommodation. Request the official appeal form from your local authority or find sample formats on the Welsh Government review and appeals guidance.
  For example, if your council refuses you accommodation or charges you unreasonably, you can use this process.

Who Oversees Disputes in Wales?

In Wales, housing matters, including disputes about temporary accommodation and rent, can ultimately be heard by the Residential Property Tribunal Wales.^[3] However, most issues are first dealt with by the local council and the Public Services Ombudsman for Wales.

Key legislation: Housing (Wales) Act 2014

FAQ: Emergency Housing Charges in Wales

1. Can I refuse to pay rent for emergency accommodation?
   If the council informs you of rent or service charges, you are expected to pay. Failure to pay may affect your continued accommodation or ability to access long-term housing support.
2. What if I cannot afford the emergency accommodation charges?
   Ask about claiming Housing Benefit or Universal Credit. If payments are still unaffordable, request a financial assessment or hardship support from the council.
3. Can the council evict me from emergency accommodation if I fall behind on payments?
   Yes, though councils are encouraged to work with you if you have genuine difficulties. You are entitled to an explanation and should be given notice, but the rules are less strict than with permanent tenancies.
4. Are the charges for emergency accommodation capped or regulated?
   There are no fixed caps, but charges must be reasonable and not exceed the cost of providing accommodation and services. You can request a breakdown and challenge any you believe are unfair.
5. Can I challenge a council’s decision about emergency accommodation?
   Yes. Use the appeals process explained above, and if unresolved, escalate to the Public Services Ombudsman for Wales.

Key Takeaways for Renters

• Councils in Wales can charge rent and service charges in emergency housing, but these must be reasonable.
• You can usually get help with costs through benefits like Housing Benefit or Universal Credit.
• Always ask for a written agreement and keep communications for your records. Appeal or complain if charges are not clear or seem unfair.

If you face issues, act quickly to secure your rights and ensure you have ongoing support.

Need Help? Resources for Renters

• Welsh Government: Homelessness Advice
• GOV.UK: Homelessness Help from Councils
• Residential Property Tribunal Wales (for tenancy disputes)
• Shelter Cymru: Advice for Homeless People
• Public Services Ombudsman for Wales

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1. Housing (Wales) Act 2014
2. Housing Benefit - GOV.UK; Universal Credit - GOV.UK
3. Residential Property Tribunal Wales

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